Week 2 - Do Human Rights Matter?

Question 1

EVENS Chapter 25 - NOTES (INTERNATIONAL HUMAN RIGHTS LAW

Answer 1

• HR became relevant with the creation of the UN Charter (HR becoming purpose of UN)
• HR: About the freedom and autonomy of the individual within the larger society
• There is civil & politcal + economic and social
• Duty to safeguard remains with the state. Bearers of HR are individual.

Question 2

Civil and political rights

Answer 2

• intellectual freedom (conscience, expression, association and assembly)
• Physical freedom (liberty and security of a person, movement, prohibition of slavery)

Question 3

Chapter 25 - Intro

Answer 3

Original notion of HR = the rights that the individual might assert against the organised power of the state.

Question 4

What is the social contract

Answer 4

each individual ceded some of his or her naturally endowed autonomy to ensure the meeting of shared needs

Question 5

Chapter 25 - historical origins

Answer 5

• Human rights are inherently intra-state matters meaning that they can be a source of friction too
• Slavery abolition was a prime moment for HR, and first clauses for recognition of minorities was found in League of nations, for minorities in the balkans and eastern europe.
• 1919 International labour organisation - for trade unionists, which was a response to the 1917 russian revolution.

Question 6

chapter 25 - The basis of obligation in IHRL

Answer 6

Article 56 UN CHARTER - Obliges states to adhere to HR based on article 55. not only jointly but also on their own initiative

• Argument over the extent of legal force of UDHR! discussed below
• HR are customary international law, thus binding and rooted in all three major sources of International law. (customary, treaty law and general principles)

Question 7

Why is the Universal declaration of HR (UDHR) important? - created through article 68 of charter

Answer 7

1) because the UN Charter did not clear up what is meant by term “human rights and fundamental freedoms”

2) UDHR was contained in a resolution of the general Assembly and thus not per se binding.

Question 8

Why was there an argument if UDHR had legal force?

Answer 8

• article 14 of the charter states that the general assembly had only the power to make recommendations and to not be a world legislature.

The UDHR contained provisions such as article 1, 55 and 56 of UN Charter which are legally binding, meaning to understand the content of these articles, one would have to resort to the UDHR

Question 9

Proclamation of Tehran

Answer 9

According to paragraph 2 of that Proclamation, the UDHR ‘states a common understanding of the peoples of the world concerning the inalienable and inviolable rights of members of the human family and constitutes an obligation for members of the international community’.

Question 10

What are the challenges to human rights?

Answer 10

• Limits on human rights
• Denial of extraterritorial effects of HRs treaties
• Denial of applicability of IHRL while combating terrorism/in armed conflict